Terms & Conditions
You should print a copy of these terms and conditions for future reference. Any reference to ‘you’ in these terms and conditions will be a reference to you personally and where the context permits to the organisation which you are representing (“Organisation”). Please note that any references to conditions are to the equivalent numbered conditions of these Terms and Conditions of Business.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSE 20 (INTELLECTUAL PROPERTY RIGHTS) AND CLAUSE 21 (OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER).
1. INFORMATION ABOUT US
1.1 We operate the website https://www.luxurybared.com. We are LuxuryBARED Limited, a company registered in England and Wales under company number 09304265 and with our registered office at Selby Towers, Princes, Colwyn Bay, LL29 8PE. Our main trading address is Regus House, Heronsway, Chester Business Park Chester, CH4 9QR, United Kingdom. Our VAT number is 220319455.
2. HOW TO CONTACT US
2.1 You can contact us by telephone on +44 (0)1244 893 151 or by writing to us at firstname.lastname@example.org or Regus House, Heronsway, Chester Business Park Chester, CH4 9QR, United Kingdom.
3. HOW WE WILL CONTACT YOU
3.1 If we have to contact you we will do so by telephone or in writing using the email or postal address you provided to us in your application for membership. When we use the words “writing” or “written in these terms, this includes emails.
4. USE OF OUR SITE
Your use of our Site is governed by our Terms of Website Use https://www.luxurybared.com/about/website-terms/. Please take the time to read these, as they include important terms which apply to you.
5. HOW WE USE YOUR PERSONAL INFORMATION
6. APPLICATION FOR MEMBERSHIP
6.1 In order to apply to become a member you must complete a membership application form which can be found here. If you have been accepted as a Member you will receive an email containing your unique username and password.
6.2 We reserve the right to reject your application for membership of the Site.
6.3 If we exercise our rights under condition 6.2 we are not obliged to provide you with any explanation, and any such decision is taken at our discretion. We accept no liability in relation to any consequences arising as a result of us exercising our rights under condition 6.2.
7.1 By applying to become a Member on the Site you are giving us permission to carry out searches in relation to you and your Organisation (as applicable) which shall include but shall not be limited to searches with credit check agencies. Such searches may be carried out on a periodic basis.
7.2 By applying to become a Member, you warrant that:
7.2.1 you are at least 18 years old;
7.2.2 are resident in;
220.127.116.11 United Kingdom
18.104.22.168 United State of America
22.214.171.124 Czech Republic
126.96.36.199 Isle of Man
188.8.131.52 San Marino
184.108.40.206 Hong Kong
220.127.116.11 Australia; or
18.104.22.168 New Zealand.
7.2.3. if you are applying on behalf of an Organisation, you have the authority to enter into binding contracts for and on behalf of the Organisation.
8. YOUR STATUS
8.1 “Consumer” is as defined in Regulation 4 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and any amendments made to that definition from time to time.
8.2 For the avoidance of any doubt, you are not a Member of the Site until such time as your application for membership has been accepted by us. You will be notified of such acceptance by email from us containing your unique username and password. We are under no obligation to accept your application for membership.
9. THE SERVICES
9.1 In this clause 9 the following expressions shall have the following meanings:
9.1.1 Colleagues means our employees who have visited the relevant destination / hotel or used the relevant flight service as applicable;
9.1.2 Consultants means independent third parties who are paid by us to review Luxury Hotels;
9.1.3 Luxury Hotels means hotels with a rating of at least 5 stars;
9.1.4 Ultra Luxury Cruises means cruises with a rating of at least 6 stars; and
9.1.5 Long Haul means flights lasting a minimum of seven (7) hours.
9.2 The Site is a website for the review of Luxury Hotels, Ultra Luxury Cruises, luxury holiday destinations; and first and business class flights. Membership entitles Members to the following items (together the Services):
9.2.1 Access to reviews of Luxury Hotels by:
22.214.171.124 Our Colleagues;
126.96.36.199 Our Consultants; and
188.8.131.52 Our Members.
9.2.2 Access to reviews of Ultra Luxury Cruises by:
184.108.40.206 Our Colleagues; and
220.127.116.11 Our Members.
9.2.3 Access to reviews of first class and business class Long Haul Prime Routes by:
18.104.22.168 Our Colleagues; and
22.214.171.124 Our Members.
9.2.4 Access to third party booking services for flights and hotels.
9.3 Once your application for membership has been accepted, you will have immediate access to the Members only areas of the Site using your unique username and password.
9.4 We will supply the Services to you until your membership expires or you end the contract as described in clauses 12 and 13 or we end the contract by written notice to you as described in clause 15.
9.5 Please note that the booking services listed in 9.2.4 are provided by third parties and we have no control of the availability or otherwise of their websites and booking services.
10.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to or selected by you for use on the Site. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.
10.2 Any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us.
11 MEMBERSHIP FEES
11.1 Subject to clause 11.3 below, membership of the Site is subject to an annual membership fee. For details of current membership fees please refer to Our Packages.
11.2 At the time of applying to become a Member, you will be required to provide us with credit card details. By providing such details you warrant that you are authorised to consent to payments being deducted from such credit card.
11.3 If you are a non-consumer, payment of membership fees will be deducted on or around the 15th day of your membership from the credit card you provided details of in your membership application form.
11.4 If you are a consumer, the first thirty (30) days of your membership will be free of charge Following this payment free period of membership, the usual membership fees will apply. Payment of membership fees will be deducted on or around the 31st day of your membership from the credit card you provided details of in your membership application form.
12. RIGHT TO CANCEL MEMBERSHIP (within 14 days of acceptance)
12.1 You have the right to cancel the Contract, without giving any reason, within 14 days of our email to you confirming acceptance of your membership application.
12.2 To exercise the right to cancel, you must inform us LuxuryBARED Limited, Regus House, Heronsway, Chester Business Park, Chester, CH4 9QR, email@example.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).
12.3 You can also electronically fill in and submit the Model Cancellation Form on our website. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
12.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
12.5 If you breach any of your obligations under the Contract we have the right to cancel the Contract by giving you notice in writing.
13 RIGHT TO CANCEL MEMBERSHIP (15 DAYS OR MORE AFTER ACCEPTANCE)
13.1 If you wish to terminate your membership before the expiry of your annual membership period, you must notify us by email to firstname.lastname@example.org with reasons for your termination.
13.2 PLEASE NOTE, if you choose to cancel your membership you shall not be entitled to any refund of your membership fees.
14. RENEWAL OF MEMBERSHIP
14.1 We will notify you by email THIRTY (30) days before your membership is due for renewal. Unless you notify us in writing to the contrary within FOURTEEN (14) days of our email notification, your membership will automatically renew at the expiry of your current membership period. Payment for the new membership period will be taken from the credit card, the details of which you have provided to us.
15. OUR RIGHT TO CANCEL YOUR MEMBERSHIP
15.1 We reserve the right to cancel your membership if:
15.1.1 you are in breach of the Contract;
15.1.2 we are not able to take payment of your membership fees using the credit card details provided; or
15.1.3 we have reasonable grounds for believing that:
126.96.36.199 your use of the Site is fraudulent; or
188.8.131.52 you are making unauthorised use of Site content.
15.1.4 If we decide to cancel your membership for any reason other than those listed at 15.1.1 to 15.1.3 above you shall be entitled to a refund of your membership fees as noted in the table below. PLEASE NOTE, if our cancellation of your membership is due to your breach of contract which has resulted in loss to us you shall not be entitled to any such refund.
|Period of membership remaining:||Amount refunded (to nearest £):|
|Nine (9) months or more||50% of membership fees|
|At least six (6) months, but less than nine (9) months||25% of membership fees|
|Less than six (6) months||0% of membership fees|
15.2 We will refund membership fees (as applicable) without undue delay, and not later than 21 days after the day on which we informed you about our decision to cancel your membership.
15.3 We will provide the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
16. AVAILABILITY OF SITE AND SERVICE
16.1 We will use all reasonable endeavours to make our Services and the Site available; however we cannot guarantee that they will operate continuously or without interruptions, and we accept no liability in relation to such interruptions.
16.2 We reserve the right at any time and from time to time, at our sole discretion and with or without notice to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or your individual use of the Service. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
16.3 Our rights under this condition are in addition and without prejudice to all our other rights and remedies.
17. OUR RIGHT TO SUSPEND SUPPLY OF THE SERVICES
17.1 We may have to suspend the supply of the Services to you to;
17.1.1 rectify technical problems with the Site or to perform general Site maintenance; or
17.1.2 update the Site to reflect changes in relevant laws and regulatory requirements.
18. OUR RIGHT TO VARY THESE TERMS
18.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
19. PRICE OF SERVICES (MEMBERSHIP FEES)
19.1 Details of current membership fees can be found at Our Packages.
19.2 We reserve the right to increase our membership fees at any time. If your membership has already started at the time of an increase, such increase will not take affect until renewal of your membership.
20. INTELLECTUAL PROPERTY RIGHTS
20.1 All intellectual property rights in the Site belong to us.
20.2 The Site is protected by copyright laws and treaties around the world. All such rights are reserved.
20.3 The contents of the Site may not be copied, reproduced, distributed, transmitted, broadcast, sold or otherwise used for any other purpose whatsoever.
21. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
21.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
21.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
22. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE NOT A CONSUMER
22.1 In no event shall we be liable for any damages whatsoever arising from your use of the Services including damages for loss of data, loss of profits, or loss connected with the use or performance of the Services or for the delay or inability to use the Services or for information products or services obtained through the Services, except that nothing under these shall limit our liability for any fraudulent statement or for personal injury or death caused by our negligence.
22.2 This does not include or limit in any way our liability:
22.2.1 for death or personal injury caused by our negligence;
22.2.2 under section 2(3) of the Consumer Protection Act 1987;
22.2.3 for fraud or fraudulent misrepresentation; or
22.2.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
22.3 Subject to condition 22.1 and 22.2:
22.3.1 we are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
184.108.40.206 loss of income or revenue;
220.127.116.11 loss of business;
18.104.22.168 loss of profits or contracts;
22.214.171.124 loss of anticipated savings;
126.96.36.199 loss of data;
188.8.131.52loss of data; or
184.108.40.206 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; and
22.3.2 our total liability on contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to our insurance cover of £[ ] for each claim. [Client to take advice on this point] You are responsible for ensuring that you have adequate insurance in place to cover any additional liability.
23. EVENTS OUTSIDE OUR CONTROL
23.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 23.2.
23.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
23.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
23.3.1 we will contact you as soon as reasonably possible to notify you; and
23.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
23.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
24. OTHER IMPORTANT TERMS
24.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on our site if this happens.
24.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
24.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
24.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
24.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
25. ENTIRE AGREEMENT IF YOU ARE NOT A CONSUMER
25.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
25.2 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
25.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
25.4 Nothing in this condition shall limit or exclude any liability for fraud.
26. GOVERNING LAW IF YOU ARE A CONSUMER
Please note that these Terms are governed by English law. This means a Contract for the provision of the Services through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
27. GOVERNING LAW IF YOU ARE NOT A CONSUMER
Any dispute or claim arising out of or in connection with the Site or any Contract (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England.